JENIN AND OTHER PALESTINIAN CITIES: OPERATION DEFENSIVE SHIELD A PRESENTATION BY THE ISRAEL ACTION CENTRE 25 JULY 2002 Table of Contents INTRODUCTION ........................................................................................................................... 1 THE FACTS ................................................................................................................................. 2 A. THE EVENTS LEADING UP TO OPERATION DEFENSIVE SHIELD .......................................... 2 1. The Oslo Accords...........................................................................................................2 2. The Camp David and Taba Summits..............................................................................2 3. The Outbreak of Hostilities............................................................................................4 4. Israel’s Response to the Escalating Violence ................................................................5 5. The PA’s Active Role in the Palestinian Violence .........................................................8 6. Support from other Arab Countries .............................................................................11 7. The Passover Attacks ...................................................................................................12 8. The “Setting” at the Inception of Israel’s Military Campaign....................................13 B. ISRAEL EMBARKS ON OPERATION DEFENSIVE SHIELD..................................................... 14 1. The Inception of the Military Campaign.....................................................................14 2. The IDF Incursion into the Palestinian Cities – Other than Jenin..............................14 C. THE IDF ENTRY INTO JENIN .......................................................................................... 17 1. What is Jenin?..............................................................................................................17 2. What Happened in Jenin?............................................................................................19 a. Statements from the Palestinians........................................................................ 23 b. Statements from Israeli soldiers and medics ...................................................... 29 c. Humanitarian aid during the military campaign................................................ 31 d. Physical evidence: videos and pictures ............................................................. 37 ANALYSIS .................................................................................................................................. 38 A. THE ISRAELI MILITARY INCURSION WAS A PROPORTIONATE AND JUSTIFIED RESPONSE TO ORGANIZED PALESTINIAN TERROR..................................................................................... 38 1. The Military Incursion Was a Necessary and Appropriate Response to the PA’s Blatant Violations of the Oslo Accords........................................................................39 2. The Military Campaign Was a Legitimate Response to the Scourge of Terrorist Acts Against Israel Being Condoned by the PA...........................................................43 B. THE IDF CONDUCTED ITSELF IN CONFORMITY WITH INTERNATIONALLY RECOGNIZED STANDARDS AND CONVENTIONS IN EXECUTING ITS MILITARY CAMPAIGN ............................ 45 CONCLUSION ............................................................................................................................ 49 INTRODUCTION There was no massacre. That is the simple and dispositive answer to the central question that gave rise to the international outcry which prompted this inquiry by the United Nations. The widespread accusations of massacre – the alleged murder of hundreds, and even thousands, of Palestinians – proved wildly inaccurate. Those baseless assertions were at best an outgrowth of what the great 19th century military theoretician Carl von Clausewitz dubbed “the fog of war” – at worst, they were a bald-faced lie. There having been no massacre, the objective of this inquiry has transmogrified into an exploration of whether there were other improprieties committed by the Government of Israel through its armed forces in connection with the military campaign it conducted in Jenin and other Palestinian cities between 28 March and 7 May 2002. This inquiry, of necessity, encompasses two inter-related questions: (1) Were the military incursions by the Israel Defense Forces (the “IDF”) justified by: (a) the fundamental inherent duty to defend Israeli citizens against the systematic and widespread terror that had been perpetrated against them with increasing severity since September 2000 – under international law and, more specifically, (b) the string of formal agreements reached with the Palestinian Authority (the “PA”) since 1993, together known as the Oslo accords? (2) During the military campaign, did the IDF conduct itself in conformity with international law and practice, particularly as to its treatment and regard for the safety of civilians, including allowing access to the International Committee of the Red Cross, the Palestinian Red Crescent and other humanitarian aid during the warfare? When questions of such critical significance regarding security and human rights are being addressed by bodies on which international standing is conferred, the need for objectivity is paramount. Perceived bias – not only in reviewing the circumstances at issue here, but also in addressing and treating other situations of similar background and nature throughout the world – undermines the efficacy of this inquiry and reflects accordingly on the institutions involved. Israel Action Centre 1 25 July 2002 THE FACTS A. The Events Leading up to Operation Defensive Shield 1. The Oslo Accords The signing of the Oslo accords on the White House lawn in 1993 served as a breakthrough in the decades-old Arab-Israeli conflict. At core, those internationally supported agreements represented a formal and unqualified reciprocal commitment to negotiate and never again resort to violence in reaching a peaceful resolution of the conflict. These are the legendary words of PLO Chairman Yasser Arafat in his letter of 9 September 1993 to then Israeli Prime Minister Yitzchak Rabin: “The PLO commits itself to the Middle East peace process, and to a peaceful resolution of the conflict between the two sides and declares that all outstanding issues relating to permanent status will be resolved through negotiations. The PLO considers that the signing of the Declaration of Principles constitutes a historic event, inaugurating a new epoch of peaceful coexistence, free from violence and all other acts which endanger peace and stability. Accordingly, the PLO renounces the use of terrorism and other acts of violence and will assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violations and discipline violators.” (Emphasis added.) Simply put, there would be no more war or violence, only peaceful talks. Throughout the first seven years subsequent to the signing of the Oslo accords, much progress seemed to have been made. The Palestinian Authority (“PA”) was formed under the leadership of Yasser Arafat. Approximately 42% of the territories captured by Israel during the Six-Day War (the “Territories”) was transferred to the PA. By September 2000, approximately 98% of all Palestinians living in the Territories came under PA rule. Pursuant to the empowerment conferred by the Oslo accords, the PA established civil and administrative institutions and formed a comprehensive security apparatus; the PA pledged to: a. ensure that no rogue military or militia units would be permitted in the areas under its control, b. confiscate all unauthorized weapons and explosives, c. outlaw and dismantle all terrorist organizations and infrastructures, d. arrest perpetrators, e. prevent incitement – especially of children in schools – and f. act systematically against expressions or threats of terror or violence. 2. The Camp David and Taba Summits The Oslo accords left for last the negotiation of the most sensitive issues: Refugees; Jerusalem, including the Temple Mount; Settlements; Israelis in the Territories; and final borders. These became the subject of intense discussions during the Summer of 2000, involving primarily and personally the President of the United States, the Prime Minister of Israel and the Chairman of the PA. Israel Action Centre 2 25 July 2002 No agreement, in principle or otherwise, was reached – despite the sustained negotiating intensity and pressure, especially during the 15-day Camp David summit in July 2000. The Israelis presented detailed plans designed to resolve all outstanding issues, which were flatly rejected by the Palestinians. In December in Taba, Egypt, the Americans presented what they termed a compromise proposal, which the Israelis fundamentally accepted, but the Palestinians did not. Ultimately, Israel offered to transfer to the PA 96%-97% of the Territories (including a swap of 2% from pre-1967 Israel territory) and eastern Jerusalem, and to provide a partial accommodation and meaningful compensation for the refugees. Arafat did not offer a counter proposal. “At the end of the day, there wasn’t any version of this that Arafat was prepared to do,” said a former senior Clinton official.1 As one commentator concluded: “How much was Yasser Arafat really to blame? Barak and Clinton